Driver who hit a wall in a snowy McDonald's drive-thru tried to blame the restaurant
A B.C. driver who hit a wall in a snowy McDonald's drive-thru won't receive the payout he requested to cover damages and personal time.
In a Civil Resolution Tribunal decision posted Monday, tribunal member Chad McCarthy outlined the dispute between driver Shahed Foroughi Jahromi and Caterina Restaurant Corp., which operates a McDonald's franchise.
The tribunal heard Jahromi's claim that Caterina was "negligent and failed to adequately maintain the snowy drive-through lane, which caused him to hit the wall." But Caterina claimed Jahromi's driving was the cause of the crash.
McCarthy said the decision was made based on the balance of probabilities, meaning one scenario was more likely than not.
"The undisputed evidence is that the Caterina drive-thru lane was snowy at the time Mr. Jahromi used it," McCarthy wrote.
"Mr. Jahromi says that his vehicle slipped, which caused it to strike the wall of Caterina's building."
McCarthy agreed that Caterina owed its customers a duty of care. Jahromi suggested the company should've cleared all the snow from the drive-thru and claimed $1,200 through the CRT to cover bumper repairs and "personal time" for speaking to various repair shops.
Caterina, however, said the drive-thru was safe to use even though it wasn't completely snow-free.
"Caterina says that 993 cars used its drive-thru that day, and there were no issues except for Mr. Jahromi’s collision," McCarthy's decision said.
"I find the lack of other proven incidents among the hundreds of cars using the drive-thru supports a finding that it was reasonably safe to use."
McCarthy further explained that Jahromi "submitted no evidence that supported Caterina's drive-thru being excessively slippery or presenting an unreasonable risk to its users in the circumstances."
The tribunal also received surveillance video from the company recorded on that day that showed the road was "straight and level."
"The ground was snowy, but the snow in the vehicle tracks had been compacted or moved to the sides of the lane," McCarthy wrote in his decision.
"There were vehicles both in front of and behind Mr. Jahromi's vehicle. I find the video does not show any of those other vehicles slipping or exhibiting significant difficulties."
McCarthy determined the video evidence didn't prove the drive-thru was unsafe and said the company didn't fail to keep up its standard of care. In fact, McCarthy said he found Jahromi's driving caused the crash.
"As Mr. Jahromi came to a stop at the pick-up window, he turned his front tires to the left, toward the wall adjacent to the drive-thru lane," McCarthy explained.
"He pulled forward slightly with the tires turned left, which moved the vehicle slightly left, before he came to a complete stop and picked up his food."
As noted from the video, the drive-thru lane was straight, but Jahromi's wheels were still turned to the left as he accelerated after picking up his food.
"On the evidence before me, I find that Mr. Jahromi struck the nearby wall because he left the pick-up window with his wheels turned sharply left, and because he accelerated too rapidly, especially considering the obviously snowy conditions," McCarthy said.
"I find this left him with no time to stop or turn and avoid colliding with the wall."
Ultimately, Jahromi's claim was dismissed.
CTVNews.ca Top Stories
NEW Life got in the way of one woman's reunion with her father, but a DNA test gained her a family
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
NEW Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Quebec Health Department reports 28 cases of eye damage linked to solar eclipse
Quebec's Health Department says it has received 28 reports of eye damage related to the April 8 total solar eclipse that passed over southern parts of the province.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'